RL v R [2015] NSWCCA 106

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RL v R [2015] NSWCCA 106 Hearing dates: 14 April 2015 Decision date: 22 May 2015 Before: Basten JA; Simpson J; Adamson J Decision: (1)Grant the applicant leave to appeal.

(2)Allow the appeal and set aside the sentence imposed by the sentencing judge on 14 February 2014.

(3)Resentence the applicant to imprisonment for 6 years, with a non-parole period of 2 years 9 months to date from 14 February 2014 and a balance of term of 3 years 3 months.

(4)The first date on which the applicant is eligible for parole is 13 November 2016. Catchwords: CRIMINAL LAW – sentencing – sentencing adult for sexual offences committed as juvenile – whether sufficient allowance made for applicant's youth at time of offending – whether sentence accorded with sentencing principles applied at time of offending – no need for further rehabilitation

CRIMINAL LAW – sentencing – whether planning of type which aggravates offence pursuant to s 21A(2)(n), Crimes (Sentencing Procedure) Act 1999 (NSW)

CRIMINAL LAW – sentencing – use of victim impact statement – statement not limited to harm directly resulting from offence

CRIMINAL LAW – sentencing – whether to consider ground of manifest excess if specific error established – need for appeal court to determine appropriate sentence – not sufficient to ask if impugned sentence within range – Kentwell v The Queen [2014] HCA 37 applied – Criminal Appeal Act 1912 (NSW), s 6(3) Legislation Cited: Child Welfare Act 1939 (NSW), s 83 Children (Criminal Proceedings) Act 1987 (NSW), s 33 Crimes Act 1900 (NSW), ss 61D(1), 71, 76, 81 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 26, 28, 32, 44, 53A Criminal Appeal Act 1912 (NSW), s 6 Cases Cited: Abbas v R [2013] NSWCCA 115; 231 A Crim R 413 AJB v R [2014] NSWCCA 51; 169 A Crim R 32 Davis v R [2015] NSWCCA 90 Fahs v R [2007] NSWCCA 26 Kentwell v The Queen [2014] HCA 37; 88 ALJR 947 MPB v R [2013] NSWCCA 213; 234 A Crim R 576 R v Moon [2000] NSWCCA 534; 117 A Crim R 497 R v Tuala [2015] NSWCCA 8 Williams v R [2010] NSWCCA 15 Category: Principal judgment Parties: RL (Applicant) Regina (Crown) Representation: Counsel: W Hunt (Applicant) G O'Rourke (Crown)